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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3482
Experience:  LL.B (Hons)
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I need clarification on a will, Gloucestershire, none, i

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Hi, I need clarification on a will
JA: Where are you? It matters because laws vary by location.
Customer: Gloucestershire
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i don’t think do
Customer: replied 11 days ago.
We would like to know if my husband (Gary Clark) has been left something in his uncles Will please.
Customer: replied 11 days ago.
File attached (5MTQ15V)

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Customer: replied 11 days ago.
Ok

I am taking a break for 30 mins but will deal with this as soon as I return.  Thank you.

Customer: replied 11 days ago.
Ok thank you
Customer: replied 11 days ago.
Helloooooo am I still connected?

Is Jon Doney's wife still alive?

Customer: replied 11 days ago.
Customer: replied 11 days ago.
Jaqueline is Jon Donets sister
Customer: replied 11 days ago.
Doney

As his wife is still alive, then from the page you have sent me I do not see that he is inheriting anything at this point.

Customer: replied 11 days ago.
Ah ok. I ask as Jon’s sister received the nil band rate, stated if his if wife survives him
Customer: replied 11 days ago.
On section 4 Specific legacies

If they have received a sum of money then your husband wold be due the same under this will, however the will seems a little vague and does not state that money was to change hands only that they were providing the nil rate to them and not any sums of money.  However if this has been interpreted to be the cash sum of the nil rate band, he should be due the same.

Customer: replied 11 days ago.
at the same time jaqueline or after she has died?
Customer: replied 11 days ago.
Just that is says ‘subject as above’ does that mean she gets the inheritance but if she’s died Gary gets it. Or they both get it at the same time.

If she predeceased him he would be entitled to it, which I though was the case, but may have read that wrong.  As I said the Will is a bit vague, but at this point I don't think he is due anything, I did note that it mentions the wife's will reflects the same, so when she passes away he should be entitled to inheritance, but that would, of course, depend on the wording of the Will.  Can I ask how much she inherited?

Customer: replied 11 days ago.
325000

This is what I thought as this is the maximum taxa allowance for the estate, so it has been used up.

Customer: replied 11 days ago.
I was reading it that as Jon’s wife is still alive then the nil band rate goes to each of them at the same time? What does the absolute mean?
Customer: replied 11 days ago.
No he was a millionaire
Customer: replied 11 days ago.
We think the wife may have kept it
Customer: replied 11 days ago.
We had to request the Will after probate, Gary was not invited to a Will reading due to COVID

Sorry let me just look at this again, so you are saying the wife is still alive, and the sister has inherited £325k is that correct.

Customer: replied 11 days ago.

Ok so firstly,  think that the phrase "subject as above"  is poor and should be "subject to above" however, none the less, they have stated that the full bracket legacy be. given to Jaquelline, then "as above" to your husband.  You can only gift the maximum amount once!  Meaning it speaks to the intention that if they have gifted the full bracket to Jacqueline, it would only be conceivable that Jon would inertial it should Jaqueline predecease him.  Therefore, as the wife is still alive, I don't think he is entitled to inherit this.  However, please do feel free to. put this up for a secondary opinion, however as Jaqueline has inherited £325k, this does seem to be the case I am afraid.

Customer: replied 11 days ago.
That’s ok, it was more about if things had been done properly as Gary was told he would inherit then didn’t, then see he is named - we just wanted to make sure. Thank you.

Please do feel free to put this up for a secondary opinion to be sure, there is an option on this website, someone may disagree with me, but I think I am right.  If someone does disagree then you could look at legal enforcement should I be wrong, but I don't think I am.

Customer: replied 11 days ago.
Ok thank you

I wish you all the best.

Customer: replied 11 days ago.
you :)

Thanks

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